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Ava Duvernay documentary "13th" (CAN BE FOUND ON NETFLIX)

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Introduction:
The purpose of this paper is to examine the impact of drug policy on African Americans
in the United States throughout history until now, as well as the correlation between drug policy
and mass incarceration for African Americans. The focus of this analysis is the documentary
"13th" directed by Ava Duvernay and currently available on Netflix. The film explores the 13th
amendment to the United States Constitution which abolished slavery, but also includes an
exception for individuals who have been convicted of a crime. The film "13th" presents a
compelling argument that drug policy in the United States has had a significant impact on
African American communities, and that this is closely tied to mass incarceration. Through an
examination of historical and current policies, this paper will delve into the ways in which drug
policy has been used as a tool to criminalize and marginalize African Americans, and the
resulting effects on the African American community. The film argues that this exception has
been used to justify the mass incarceration of African Americans, particularly in relation to drug
offenses. This paper will analyze the information presented in the film and provide
recommendations for policy.
Drug Policy and African Americans:
Throughout history, drug policy in the United States has had a disproportionate impact on
African Americans. The film "13th" argues that this is a continuation of the systemic racism that
has been present in the country since its founding. For example, the film points to the use of
drugs such as cocaine and crack in the 1980s as a tool to criminalize and demonize African
American communities (Festa, 2022). This led to harsher sentences for African Americans who
were convicted of drug offenses, even though they were no more likely to use or sell drugs than
white Americans.
Additionally, the film highlights the fact that the War on Drugs, which was launched by
President Nixon in the 1970s, targeted communities of color, specifically the Black community.
This was done through the use of discriminatory policing practices and the use of media to
portray Black people as drug users and dealers (O'Malley, 2018). This led to a significant
increase in arrests and incarceration of Black individuals for drug offenses, despite evidence
showing that drug use and selling was prevalent across all racial groups.
Furthermore, the film points out that the crack cocaine epidemic, which
disproportionately affected Black communities, resulted in harsher sentences for those convicted
of possession or distribution of crack cocaine compared to powder cocaine. This disparity in
sentencing was widely criticized as racist, as it disproportionately affected Black individuals,
despite the fact that the two drugs are chemically identical. This sentencing disparity was not
addressed until 2010 with the Fair Sentencing Act, which reduced the sentencing disparity
between crack and powder cocaine offenses (Smolyannikova, 2020). This all highlights the ways
in which drug policy has been used as a tool to criminalize and demonize Black communities,
leading to harsher sentences and mass incarceration. This has had a devastating impact on Black
communities, tearing families apart and perpetuating the systemic racism that has been present in
the United States throughout its history.
Correlation between Drug Policy and Mass Incarceration:
The film "13th" argues that there is a direct correlation between drug policy and mass
incarceration for African Americans. The film points to the fact that the number of African
Americans in prison for drug offenses has risen dramatically in recent decades. This is despite
the fact that drug use and selling is relatively similar across racial groups. The film argues that
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the criminalization of drugs has been used as a tool to justify the mass incarceration of African
Americans, particularly in relation to drug offenses (O'Malley, 2018).
As a result of this correlation, many experts recommend rethinking our approach to drug
policy and shifting away from criminalization towards a more health-based approach. This could
include increasing access to addiction treatment and harm reduction services, as well as
implementing policies that address the root causes of drug use such as poverty and lack of access
to education and job opportunities (Smolyannikova, 2020). Additionally, it is important to
address the racial disparities in the criminal justice system. This could be done by implementing
policies such as sentencing reform and ending discriminatory policing practices. It is also
important to address the ways in which systemic racism has led to the criminalization of Black
communities and the resulting mass incarceration.
Recommendations for Policy:
The film "13th" presents several recommendations for policy that could help address the
issues it raises. One recommendation is to reform drug policy so that it is more focused on
treatment and rehabilitation rather than punishment (Twidell, 2017).This could include providing
more resources for drug treatment programs and reducing sentences for non-violent drug
offenses. Additionally, the film recommends eliminating mandatory minimum sentences and
providing more resources for re-entry programs that help individuals returning from prison to
reintegrate into society.
Another recommendation presented in the film is to address the racial disparities in the
criminal justice system. This could be done by implementing policies such as ending
discriminatory policing practices and implementing implicit bias training for law enforcement.
Additionally, it is important to address the ways in which systemic racism has led to the
criminalization of Black communities and the resulting mass incarceration (Vicente, 2021). This
could be done by implementing policies that address the root causes of crime such as poverty and
lack of access to education and job opportunities.
The film also recommends ending mass incarceration by reducing the number of people
incarcerated for non-violent offenses, and reducing the length of sentences for those convicted of
crimes. This could be achieved by reclassifying certain crimes as misdemeanors, and expanding
alternatives to imprisonment such as community supervision and diversion programs (Gil, 2021).
The film also recommend addressing the issues of prison labor, which is a form of modern-day
slavery and disproportionately affects African American communities. This could be done by
banning prison labor, raising the wages of incarcerated people, and provide training and
education opportunities to prepare them for re-entry into the workforce.
Conclusion:
The film "13th" presents a powerful argument that drug policy in the United States has
had a disproportionate impact on African Americans throughout history, and that this is directly
linked to mass incarceration. The film highlights the ways in which drug policy has been used as
a tool to criminalize and marginalize African American communities, leading to harsher
sentences for African Americans convicted of drug offenses, even though they were no more
likely to use or sell drugs than white Americans. The film also argues that there is a direct
correlation between drug policy and mass incarceration for African Americans, as the number of
African Americans in prison for drug offenses has risen dramatically in recent decades. To
address these issues, the film presents several recommendations for policy such as reform drug
policy to focus on treatment and rehabilitation, eliminating mandatory minimum sentences and
providing more resources for re-entry programs. Additionally, it is important to address the racial
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disparities in the criminal justice system and to end discriminatory policing practices, implicit
bias training for law enforcement and addressing the root causes of crime such as poverty and
lack of access to education and job opportunities. It is essential for society to acknowledge and
address these issues in order to create a more just and equitable criminal justice system. The film
"13th" serves as a powerful reminder of the ways in which historical and current policies
continue to affect African American communities and the need for systemic change.

References:
Festa, B. M. (2022). Netflix and the American Prison Film: Depictions of Incarceration and the
New Prison Narrative in Ava DuVernay’s 13th (2016). Hungarian Journal of English
and American Studies, 28(1).
Gil, M. E. (2021). Black dissent in America: exploring Ava DuVernay’Selma and 13th against
the background of the 2020 anti-racial discrimination protests. Biblos, (7), 95-115.
O'Malley, S. (2018). Netflix documentary" 13th" is a must-see. The Maine Campus.
Smolyannikova, Y. (2020). Engaging Activism on Screen: Black Resistance to Oppression and
the Disruption of Master Narratives in USA through Netflix.
Twidell, T. (2017). 13th: Ava Duvernay’s stark exploration of the mass incarceration crisis
facing Black men. Tapestries: Interwoven voices of local and global identities, 6(1), 21.
Vicente, M. E. G. (2021). Black dissent in America: exploring Ava DuVernay’Selma and 13th
against the background of the 2020 anti-racial discrimination protests. Biblos, (7), 95-
115.